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mendax [soylentnews.org] writes:

Or at least one ISP believes. Ars published a story [arstechnica.com].

Major Internet service providers have seemingly given up on the argument that net neutrality rules violate their First Amendment rights. But one small ISP is continuing its fight against the Federal Communications Commission, claiming that it should be allowed to favor some Internet content over others because doing so qualifies for freedom of speech protection.

"With prioritization, broadband providers convey a message by 'favor[ing]' certain speech—that prioritized content is superior—because it is delivered faster," Alamo Broadband argued in a brief filed yesterday [documentcloud.org] as part of the broadband industry's lawsuit against the FCC.

The article notes that other ISP seem to have given up on this argument, but Alamo Broadband continues to make the argument, but the FCC continues to argue that ISPs do not have the right to edit the Internet [arstechnica.com].

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